The appellant brought an action against the federal government and the Minister of Health following the death of his son shortly after receiving a COVID-19 vaccine.
The claim alleged negligence and misfeasance in public office regarding the approval and promotion of the vaccine.
The motion judge struck the claim without leave to amend, finding it plain and obvious that it had no reasonable prospect of success.
The Court of Appeal dismissed the appeal, holding that the government owed no private law duty of care to individual members of the public when making broad public health policy decisions, and that the claim lacked material facts to support the bad faith required for misfeasance.
